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Amending Title 14 of The Philadelphia Code, entitled “Zoning and Planning,” by revising the One Year Rule which limits the filing of permit applications that are substantially similar to a prior application with respect to which an appeal to the Zoning Board of Adjustment has been denied or dismissed; and making related changes; all under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 14 of The Philadelphia Code is hereby amended to read as follows:
TITLE 14. ZONING AND PLANNING.
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CHAPTER 14-200. DEFINITIONS.
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§ 14-203. Definitions.
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(204) [One] Two Year Rule
See § 14-303(6)(g) (The [One] Two Year Rule).
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CHAPTER 14-300. ADMINISTRATION AND PROCEDURES.
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§ 14-303. Common Procedures and Requirements.
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(6) Zoning Permits.
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(g) The [One] Two Year Rule.
(.1) L&I shall determine whether a substantially similar application for the same property was finally denied or dismissed by the Zoning Board or a court within [one] two years prior to the date of the application, or whether an appeal is pending (either before the Zoning Board or before a court) of the denial or dismissal of a substantially similar application. If such a determination is made and if the application is not one that L&I may grant as of right under this Zoning Code, then L&I shall deny the application and note on the application "Denied - [One] Two Year Rule."
(.2) The issuance of a refusal or referral denoted, "Denied - [One] Two Year Rule", may be appealed to the Zoning Board. On such an appeal, the Zoning Board shall hold a hearing limited to two issues: (i) whether L&I properly applied the [One] Two Year Rule; and (ii) whether, because of materially changed circumstances, the application should be considered notwithstanding the [One] Two Year Rule. Following a public hearing pursuant to § 14-303(14) (Public Hearings) the Zoning Board shall make a decision limited to those two issues.
(.3) If the Zoning Board's decision is that the application should not be denied on the basis of the [One] Two Year Rule, then the Zoning Board shall consider the appeal on the merits in accordance with its usual procedures, including the holding of an additional hearing in accordance with § 14-303(14) (Public Hearings) for which posting notice of the additional hearing shall be required in accordance with § 14-303(13)(c)(.3)(.b) (Continued Hearing) and applicable Zoning Board regulations, but for which no additional fee shall be imposed.
(.4) The failure of L&I to deny an application on the basis of the [One] Two Year Rule may be raised by any affected party in an appeal from L&I's issuance of a permit or in an appeal to the Zoning Board from L&I's refusal to issue a permit for reasons other than application of the [One] Two Year Rule.
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CHAPTER 14-300. ADMINISTRATION AND PROCEDURES.
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§ 14-303. Common Procedures and Requirements.
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(14) Public Hearings of the Zoning Board of Adjustment.
All Zoning Board hearings are subject to the following provisions:
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(k) Hearings on appeals relating to the [One] Two Year Rule set forth in § 14-303(6) <https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-288786>(g) (The [One] Two Year Rule) shall be conducted in accordance with the procedures set forth in that subsection.
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SECTION 2. This Ordinance shall take effect immediately.
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Explanation:
[Brackets] indicate matter deleted.
Italics indicate new matter added.
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